Legislation
SECTION 2-711
Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 7
Section 2--711. Buyer's Remedies in General; Buyer's Security Interest
in Rejected Goods.
(1) Where the seller fails to make delivery or repudiates or the buyer
rightfully rejects or justifiably revokes acceptance then with respect
to any goods involved, and with respect to the whole if the breach goes
to the whole contract (Section 2--612), the buyer may cancel and whether
or not he has done so may in addition to recovering so much of the price
as has been paid
(a) "cover" and have damages under the next section as to all the
goods affected whether or not they have been identified to
the contract; or
(b) recover damages for non-delivery as provided in this Article
(Section 2--713).
(2) Where the seller fails to deliver or repudiates the buyer may also
(a) if the goods have been identified recover them as provided in
this Article (Section 2--502); or
(b) in a proper case obtain specific performance or replevy the
goods as provided in this Article (Section 2--716).
(3) On rightful rejection or justifiable revocation of acceptance a
buyer has a security interest in goods in his possession or control for
any payments made on their price and any expenses reasonably incurred in
their inspection, receipt, transportation, care and custody and may hold
such goods and resell them in like manner as an aggrieved seller
(Section 2--706).
in Rejected Goods.
(1) Where the seller fails to make delivery or repudiates or the buyer
rightfully rejects or justifiably revokes acceptance then with respect
to any goods involved, and with respect to the whole if the breach goes
to the whole contract (Section 2--612), the buyer may cancel and whether
or not he has done so may in addition to recovering so much of the price
as has been paid
(a) "cover" and have damages under the next section as to all the
goods affected whether or not they have been identified to
the contract; or
(b) recover damages for non-delivery as provided in this Article
(Section 2--713).
(2) Where the seller fails to deliver or repudiates the buyer may also
(a) if the goods have been identified recover them as provided in
this Article (Section 2--502); or
(b) in a proper case obtain specific performance or replevy the
goods as provided in this Article (Section 2--716).
(3) On rightful rejection or justifiable revocation of acceptance a
buyer has a security interest in goods in his possession or control for
any payments made on their price and any expenses reasonably incurred in
their inspection, receipt, transportation, care and custody and may hold
such goods and resell them in like manner as an aggrieved seller
(Section 2--706).